Terms of sale

Between the company Meridiano,

25 Boulevard des Dames, 13002 Marseille,
with a Share Capital of €1,500,
registered with the Trade and Companies Register of MARSEILLE,
under the SIRET number 92870799100016,
represented by Mr. Maximin COSTE
in the capacity of Manager,
duly authorized for the purposes hereof.

The company can be contacted by clicking on the contact form accessible via the homepage of the website.

Hereinafter referred to as the "Seller" or the "Company."

On the one hand,

And the individual or legal entity purchasing products or services from the company,

Hereinafter referred to as the "Buyer" or the "Client."

On the other hand,

The following has been stated and agreed upon:

PREAMBLE

The Seller is a publisher of watches intended for consumers, marketed through its websites (https://www.meridiano.fr). The list and description of the goods and services offered by the Company can be viewed on the aforementioned websites.

Article 1: Purpose

These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.

Article 2: General Provisions

These General Terms and Conditions of Sale (GTC) govern the sales of Products or Services made through the Company's websites and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer, who has accepted them before placing an order.

The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable GTC are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC are available on the Company's website at the following address: https://www.meridiano.fr.

The Company also ensures that their acceptance is clear and unconditional by implementing a checkbox and a validation click. The Client declares that they have read all of these General Terms and Conditions of Sale, and where applicable, the Specific Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation.

The Client acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs.

The Client declares that they are legally capable of entering into a contract under French law or validly represent the individual or legal entity for whom they are acting.

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Prices

The prices of products sold through the websites are indicated in Euros, excluding taxes, and are precisely determined on the product description pages. They are also indicated in Euros, including all taxes (VAT + any other applicable taxes) on the product order page, excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes, import duties, or state taxes may be required in some cases. These duties and amounts are not the responsibility of the Seller. They will be borne by the Buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller encourages the Buyer to inquire about these aspects with the relevant local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Client. Delivery costs, if applicable, are also the responsibility of the Client.

Article 4: Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Client must follow a series of steps to conclude the contract electronically in order to place their order: – Information on the essential characteristics of the Product; – Selection of the Product, where applicable, its options; – Indication of the Client's essential contact details (identification, email, address, etc.); – Acceptance of these General Terms and Conditions of Sale; – Verification of the order details (double-click validation process) and, where applicable, correction of any errors. Before confirming their order, the Buyer has the opportunity to check the details of their order, its price, and correct any errors, or cancel their order. The confirmation of the order will constitute the formation of this contract. – Then, follow the instructions for payment, payment for the products, and delivery of the order. The Client will receive an email confirmation of payment for the order, along with an acknowledgment of receipt of the order confirming it. They will also receive a PDF copy of these General Terms and Conditions of Sale.

During the ordering process, the Client will have the opportunity to identify and correct any errors in the data entry. The language offered for the conclusion of the contract is French.

The terms of the offer and the General Terms and Conditions of Sale are sent by email to the Buyer at the time of the order and archived on the Seller's website. If applicable, the professional and commercial rules to which the offeror intends to adhere are available in the “annex rules” section of these GTC, accessible on the Seller’s website at the following address: www.meridiano.fr.

The archiving of communications, orders, order details, and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. These records may be produced as proof of the contract.

For delivered products, delivery will be made to the address provided by the Client. To ensure the proper execution of the order, the Client agrees to provide truthful identification information. The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith, or for any legitimate reason.

Article 5: Products and Services

The essential characteristics of the goods, services, and their respective prices are made available to the Buyer on the Company’s websites, as is, where applicable, the mode of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display, or any other appropriate method, of the prices and specific conditions of sale and execution of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The sale price of the product is the one in force on the day of the order, excluding shipping costs, which are charged extra. These potential costs are indicated to the Buyer during the sales process and, in any case, at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while ensuring the application of the price indicated at the time of the order. When products or services are not immediately executed, clear information is provided on the product presentation page regarding the delivery dates of the products or services. The client certifies that they have received a detailed account of the delivery costs and the terms of payment, delivery, and execution of the contract, as well as detailed information about the seller’s identity, postal, telephone, and electronic contact details, and activities within the context of this sale. The Seller agrees to honor the Client's order within the limit of available Product stocks only. Otherwise, the Seller informs the Client; if the order has been placed and if there is no agreement with the Client on a new delivery date, the Seller will refund the Client.

The contractual information is presented in detail and in French. The parties agree that illustrations or photos of products offered for sale have no contractual value. The duration of the offer of Products and their prices is specified on the Company's websites, as is the minimum duration of contracts offered when these concern continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are only granted to the individual who signs the order (or the person holding the email address provided).

Article 6: Compliance

In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale under these GTC comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions, and consumer protection. Independently of any commercial warranty, the Seller remains liable for defects in conformity and hidden defects in the product.

In accordance with Article L.217-4, the seller delivers a good that conforms to the contract and is responsible for defects in conformity existing at the time of delivery. The seller is also responsible for defects in conformity resulting from packaging, assembly instructions, or installation when it has been made their responsibility by the contract or has been carried out under their responsibility.

In accordance with the legal provisions on conformity and hidden defects (art. 1641 c. civ.), the Seller will refund or exchange defective products or those that do not correspond to the order.

Article 7: Retention of Ownership Clause

The products remain the property of the Company until full payment of the price.

Article 8: Delivery Terms

The products are delivered to the delivery address that was indicated at the time of the order and within the time indicated. These times do not take into account the order preparation time. When delivery requires an appointment with the Client (describe the procedure). When the Client orders several products at the same time, they may have different delivery times, which are shipped as follows (describe the procedure). In case of shipping delay (describe the procedure). In case of delivery delay, the Client has the option to terminate the contract under the conditions and terms defined in Article L 216-2 of the Consumer Code. The Seller will then proceed to refund the product and "outbound" costs under the conditions provided in Articles L216-3 and L241-4 of the Consumer Code. The Seller provides a contact point by phone (cost of a local call from a landline) indicated in the order confirmation email to track the order. The Seller reminds that at the moment the Client takes physical possession of the products, the risk of loss or damage to the products is transferred to them. It is the Client's responsibility to notify the carrier of any reservations regarding the delivered product.

The "Discounted FedEx shipping fee" does not apply if FedEx charges additional fees due to a "Delivery Out of Area" destination address. In such cases, Meridiano reserves the right to offer the customer a more economical delivery option. If the customer declines this alternative, the order will be canceled and the payment will be refunded.

Please note that customs fees, import duties, and tariffs are not included in our prices or shipping costs. These charges are determined by your local customs authority and may apply when receiving your package — especially for orders shipped to the United States and other countries with strict import regulations.
These costs are entirely the responsibility of the customer, and we do not cover or reimburse them under any circumstances.

Article 9: Availability and Presentation

In case an item is unavailable for more than 14 business days, you will be immediately informed of the anticipated delivery times and the order for this item may be canceled upon simple request. The Client may then request a credit for the amount of the item or a full refund and the cancellation of the order.

Article 10: Payment

Payment is due immediately upon order, including for pre-ordered products. The Client can make payment by credit card or bank check. Cards issued by banks domiciled outside of France must be international bank cards (Mastercard or Visa). Online payment by credit card is secured by our payment service provider. The transmitted information is encrypted according to the state of the art and cannot be read during transmission over the network (describe the process). Once the payment is initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Client authorizes the Seller to debit their card for the amount relating to the price indicated. The Client confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or inability to debit the card, the Sale is immediately resolved by right and the order canceled.

Article 11: Withdrawal Period

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of their order. If 14 days have passed since the delivery of your purchase, unfortunately, we cannot offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in its original packaging. To complete your return, we require a receipt or proof of purchase. We accept returns of new, unused, and undamaged items within 14 days of delivery. We suggest that each customer keep the original box and packaging material in case a return is needed. Please note that you will be responsible for paying your own shipping costs for returning your item.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.

Article 12: Warranties

In accordance with the law, the Seller assumes the guarantees of conformity and hidden defects of the products. The Seller will refund or exchange defective products or those that do not correspond to the order. The Seller reminds the consumer that: – they have a period of 2 years from the delivery of the goods to act against the Seller; – they can choose between replacement and repair of the goods, subject to the conditions provided by the above provisions; – they are exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. – that this period will be extended to 24 months from March 18, 2016, except for used goods; – that the consumer can also invoke the warranty against hidden defects of the item sold under Article 1641 of the Civil Code and, in this case, they can choose between the cancellation of the sale or a reduction of the sale price (provisions of Articles 1644 of the Civil Code).

Article 13: Complaints and Mediation

Where applicable, the Buyer can submit any complaint by contacting the company via the form available on the website www.meridiano.fr

In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they may have recourse to a consumer mediator under the conditions provided in Title I of Book VI of the Consumer Code.

In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together with a view to obtaining an amicable solution.

Article 14: Contract Termination

The order can be terminated by the buyer by registered letter with acknowledgment of receipt in the following cases: — delivery of a product that does not conform to the characteristics of the order; — delivery exceeding the deadline set at the time of the order or, in the absence of a date, within thirty days following payment; — an unjustified price increase or modification of the product. In these cases, the buyer may demand a refund of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.

Article 15: Intellectual Property Rights

The trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification, or use of these goods for any reason whatsoever is strictly prohibited.

Article 16: Force Majeure

The execution of the Seller's obligations under these terms is suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent their execution. The Seller will inform the client of the occurrence of such an event as soon as possible.

Article 17: Nullity and Modification of the Contract

If one of the stipulations of this contract is nullified, this nullity would not result in the nullity of the other stipulations, which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement by the parties.

Article 18: Protection of Personal Data

In accordance with Regulation 2016/679 of April 27, 2016, concerning the protection of natural persons regarding the processing of personal data and the free movement of such data, the Seller implements a personal data processing procedure for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following:

    the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these GTC;
    the contact details of the data protection officer: Meridiano;
    the legal basis for processing: contractual execution;
    the recipients or categories of recipients of the personal data, if any: the data controller, its marketing services, its IT security services, the sales, delivery, and order services, subcontractors involved in delivery and sales operations, as well as any legally authorized authority to access the personal data in question;
    no transfer outside the EU is planned;
    the data retention period: the time of the commercial prescription;
    the person concerned has the right to request from the data controller access to personal data, rectification, or deletion of such data, or a limitation of the processing relating to the person concerned, or the right to object to the processing and the right to data portability;
    The person concerned has the right to lodge a complaint with a supervisory authority;
    the information requested during the order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decision-making or profiling is implemented during the order process.

Article 19: Applicable Law and Clauses

All the clauses contained in these general conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.

The nullity of a contractual clause does not entail the nullity of these general conditions of sale.

Article 20: Consumer Information

For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code:
The seller is bound by the warranty for hidden defects in the item sold that make it unsuitable for the use for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have paid a lower price, if they had known about them.

Article 1648 of the Civil Code:
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be initiated, under penalty of forfeiture, within one year following the date on which the seller can be discharged from the apparent defects or lack of conformity.

Article L. 217-4 of the Consumer Code:
The seller delivers goods that conform to the contract and is responsible for any lack of conformity existing at the time of delivery. The seller is also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation when it has been made their responsibility by the contract or was carried out under their responsibility.

Article L. 217-5 of the Consumer Code:
The goods conform to the contract:

    If they are fit for the purpose usually expected of similar goods and, where applicable:
        If they correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
        If they have the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer, or by their representative, particularly in advertising or labeling;
    Or if they have the characteristics defined by mutual agreement by the parties or are suitable for any special use sought by the buyer, brought to the seller's attention, and accepted by the seller.

Article L. 217-12 of the Consumer Code:
The action resulting from a lack of conformity is limited to two years from the delivery of the goods.

Article L. 217-16 of the Consumer Code:
When the buyer asks the seller, during the course of the commercial warranty granted to them at the time of the acquisition or repair of movable goods, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or from the time the goods in question are made available for repair, if this availability is subsequent to the request for intervention.